Stahl v. Stahl
Appellate Court of Illinois
Partition. Appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909. Statement by the Court.
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Partition. Appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909. Statement by the Court. Tbis appeal brings before ns for review a decree of tbe Superior Court of Cook county, entered July 12, 1909, ordering a partition of certain premises, (wbicb are known as No. 15 Blue Island avenue, Chicago), as prayed for in tbe bill, and dismissing for want of equity, a cross-bill filed by one of tbe defendants, Prank A. Stabl. On August 18, 1900, Fredericka'L. Stabl, tbe mother of most of tbe parties to…
1Opinion of the Court
Mr. PresidiNg Justice Baldwin
delivered tlie opinion of the court.
Shortly after their appeal was perfected, appellants made a motion to strike from the files the certificate of evidence, showing the testimony given on the trial before Judge Kavanagh in July, 1904. This motion this court denied on December 10, 1909; but it is now renewed by the appellants, who contend that the evidence is not properly a part of the record, and should not be considered by this court; however, it appears that appellants, in their briefs and arguments, themselves extensively quote from it; and it also appears that…
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